TSA has quietly removed specific language from its website that explicitly stated marijuana remains illegal under federal law, a change that comes as the Trump administration moves to partially reclassify the drug. The update, published in April and confirmed on May 20, shifts how travelers with medical marijuana may be treated at airport security checkpoints.
The previous TSA guidance included detailed instructions noting that 'Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA.' That language has been removed from the agency's website entirely.
TSA officials maintain their underlying policy has not changed. A spokesperson told Nexstar that 'TSA's policy on medical marijuana has not changed' and emphasized that officers do not search for illegal drugs but will refer any discovered violations to law enforcement. The agency continues to state it is focused on 'detecting security threats and protecting the nation's transportation system.'
The website update follows the Trump administration's announcement last month that state-licensed medical marijuana would be considered a less dangerous drug under federal classification, though full reclassification has not yet occurred. A hearing scheduled for next month could further advance marijuana's status at the federal level.
What the Right Is Saying
Conservative critics argue the TSA update creates confusion given that marijuana remains illegal under federal law. Republican lawmakers have questioned whether removing explicit language about federal prohibition sends mixed signals to travelers and law enforcement officials at airports, which operate under federal jurisdiction.
Some Republican members of Congress have noted concerns about consistency in enforcement. If TSA officers are making individual determinations about whether marijuana is permitted, they argue, passengers could face disparate treatment depending on their destination or the officer assigned to their checkpoint.
The Department of Justice has not changed its position that marijuana is a controlled substance, and some conservative commentators argue that travelers who encounter law enforcement at airports may still face legal consequences regardless of state-level legalization. They note that TSA's own guidance states it will refer 'any suspected violations of law' to authorities.
What the Left Is Saying
Progressive advocates and medical marijuana supporters say the TSA update reflects a commonsense approach that aligns with state-level legalization efforts. Forty states have legalized marijuana for medicinal use, and critics of the previous federal stance argued that patients carrying legally prescribed products faced unnecessary scrutiny at airports.
Criminal justice reform groups argue that removing explicit federal prohibition language from TSA guidance acknowledges the reality that marijuana policy has shifted dramatically at the state level. They contend that travelers should not face federal consequences for possessing substances legal in their home states, particularly when traveling to other legalization jurisdictions.
The Marijuana Policy Project called the change 'a step toward coherence between state and federal marijuana laws,' noting that transportation of medical marijuana has been a persistent concern for patients who travel by air regularly.
What the Numbers Show
Forty states have legalized medical marijuana in some form, according to data compiled by the National Conference of State Legislatures. Three-quarters of Americans now live in states where medical cannabis is legal.
Recreational marijuana use is legal in 24 states and Washington D.C., representing roughly half the U.S. population.
The federal government classified marijuana as a Schedule I controlled substance from 1970 until last month's partial reclassification announcement, placing it alongside drugs considered to have no accepted medical use and high abuse potential.
Airlines including Delta Air Lines and American Airlines continue to explicitly prohibit transportation of marijuana on their flights. American's policy notes that 'anyone traveling with or transporting marijuana on American flights does at their own risk.'
The Bottom Line
The practical impact of TSA removing explicit federal prohibition language from its website remains unclear, as the agency insists its underlying policy has not changed. Travelers carrying medical marijuana will still face officer-by-officer determinations at security checkpoints, and local law enforcement retains discretion over how to handle any violations discovered.
The change comes amid broader shifts in federal marijuana policy following the Trump administration's partial reclassification announcement. A scheduled hearing next month could advance full reclassification efforts, which would further alter the legal landscape for travelers carrying cannabis products across state lines.
For now, passengers should be aware that airline policies remain unchanged, airports on federal property operate under different jurisdiction than surrounding states, and individual officers retain significant discretion over how to handle marijuana discovered during screening. Medical marijuana patients traveling with legally prescribed products may face fewer explicit references to prohibition but are not operating in a clearly permissive environment.